Maternity Discrimination

Discrimination (Maternity Leave)

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I was delighted to help my client receive a fair settlement after suffering discrimination because of her maternity leave. Read on to learn more.

My Client’s Story

My client had been with her employer for several years and was delighted to share her happy news with them when she became pregnant. However, shortly before starting her maternity leave, her employer announced that her role had been made redundant. There was no redundancy procedure followed and my client was simply told she would remain an ‘at risk’ employee, whilst on maternity leave. The situation would be reviewed when she returned.

Towards the end of her maternity leave, my client contacted her employer and asked what her role would be when she returned to work. Shockingly, it took her employer two months to respond and, when they did, they explained a new position had become available which would be suitable for her. There was no other information given to my client and it took a further two months to receive the detail of the new role.

Eventually, my client was informed of a role the employer was prepared to offer her. The role was similar to her previous position, and it was confirmed she could work the same hours. It was also agreed she could work one day a week from home, as she had been doing before her maternity leave commenced.

However, a couple of days later my client was told she could no longer work one day a week from home. Her employer would not explain why there was a sudden refusal. My client raised a Formal Grievance about the way she had been treated. In response she was offered a Settlement Agreement.

A Settlement Agreement is a written contract between an employer and employee. Usually, in a Settlement Agreement the employer will offer a compensation payment to an employee in exchange for that employee leaving their job, giving up their employment rights and agreeing not to bring any claims against their employer. Further information about Settlement Agreements can be found on our website at

How I Helped My Client

I met with my client to discuss the terms of the Settlement Agreement she had received. During our meeting, I also learnt that whilst on maternity leave her employer had failed to make any pension contributions as well as having failed to inform her of any other vacancies available.

During our appointment, I advised that she had various discrimination claims together with a potential Unfair Dismissal claim. I calculated the potential compensation these claims may award her at an Employment Tribunal, and it was my view the Termination Payments offered as part of her Settlement Agreement were insufficient.

Whilst my client was ready to leave her employment, she did instruct me to renegotiate on her behalf. Tactically, I also advised my client to continue pursuing her Formal Grievance and raise Early Conciliation with ACAS to show her employer her intention of pursuing her claims in the Employment Tribunal (for more information please see our website at ) In the meantime, I engaged in without prejudice communication on her behalf (for more information please see our website at )

I was delighted to substantially increase her Termination Payments (x 6) after a short period of negotiations.

Lincs Law Solicitors Can Help You

If you are due to return to work following maternity leave and you are concerned your employer is discriminating against you, please contact us for a free no obligation consultation with a fully qualified Employment Solicitor. Contact us on 01522 440512 and we’ll be happy to help.

Lucy Stones, Associate, Specialist Employment Solicitor